CRIMINAL PROCEDURAL FORM OF EVIDENCE AS A SPECIAL LEGAL REGIME OF CRIMINAL PROCEDURAL ACTIVITIES FOR THE COLLECTION, CHECKING AND EVALUATION OF EVIDENCE

Abstract

The normative requirements established by the criminal procedure law regarding the collection, verification and assessment of evidence as a means of regulating the evidence activity were studied. It is noted that the criminal procedural form, which is based on legal principles, determines the general requirements and conditions of the procedural law in relation to evidence activities as a separate legal phenomenon. It is proposed to highlight the general requirements and conditions of the procedural law regarding evidence activities as a separate legal phenomenon.

It is indicated that, in their essence, these requirements are an expression of the effect of the procedural form in terms of taking actions on proof (criminal procedural form of proof). According to the form of manifestation, these requirements and conditions constitute prescriptions of the criminal procedural law, which are formed and fixed taking into account the special-permissive type of legal regulation (during the activity of proof, only what is directly provided for by law is allowed). By their purpose, these requirements and conditions act as a means of guaranteeing the rights, freedoms and legitimate interests of the participants in criminal proceedings - the subjects of evidence, as well as a means of ensuring the receipt of admissible and reliable evidence for the adoption of a legal, substantiated and motivated procedural decision in criminal proceedings. In order to systematize the general requirements of the criminal procedural law regarding evidence, it is proposed to divide them into the following components: general requirements for compliance with legal procedures of evidence; general requirements for the fulfillment of certain procedural conditions and evidentiary actions; general requirements for ensuring guarantees in criminal proceedings during evidence. It is noted that the principles of criminal proceedings play the most important role as a basis for determining the content of the criminal procedural form of evidence and for regulating the relevant provisions.